NZIAC Arbitration Rules: a comparison

The table below provides a brief summary of the key features and differences between the NZIAC arbitration processes available.

To access more detail on the NZIAC suites of arbitration rules, click here.

Standard Rules

EIA60 Rules

EIA90 Rules

EIA120 Rules

Which Rules by default?

Claims greater than or equal to NZ$5M

Claims less than NZ$500,000, or for declaratory relief only

Claims greater than or equal to NZ$500,000 and less than NZ$2.5M

Claims greater than or equal to NZ$2.5M and less than NZ$5M*

*or where the Arbitral Tribunal determines the matter to be of exceptional urgency (Rule 1.4 Standard Rules)

Can a Claimant initiate a single Arbitration in relation to more than one contract?

Yes

Yes

Yes

Yes

Is the fixed fee arbitration service available?

No

Yes

No

No

Are the Arbitral Tribunal’s fees capped?

Yes

Yes

Yes

Yes

How long does the process take from appointment to the Award on all substantive matters?

Within such time as agreed by the parties or determined by the arbitral tribunal.

The Objective is to make a final award in respect of the substantive issues within 60 working days.

The Objective is to make a final award in respect of the substantive issues within 90 working days.

The Objective is to make a final award in respect of the substantive issues within 120 working days.

Can a Party apply for an Interim Measure/Preliminary Order?

Yes

Yes

Yes

Yes

Can a Party apply for an Interim Measure on an urgent basis?

Yes

Yes

Yes

Yes

Can a Party apply to join another party?

Yes

No

No

No

Can a Party apply to consolidate more than one Arbitration proceeding?

Yes

No

No

No

Is there a hearing?

Yes, unless agreed by the parties, there is a hearing at the Arbitral Tribunal’s discretion.

No. Although the Arbitral Tribunal may exercise its discretion to convene a conference if necessary.

Unless agreed by the parties, at the Arbitral Tribunal’s discretion but limited to 3 days.

Unless agreed by the parties, at the Arbitral Tribunal’s discretion but limited to 5 days.

Is there provision for a visit or inspection of the relevant location, subject matter, property, goods at issue?

Yes, at the Arbitral Tribunal’s discretion.

Yes, at the Arbitral Tribunal’s discretion.

Yes, at the Arbitral Tribunal’s discretion.

Yes, at the Arbitral Tribunal’s discretion.

Are the Arbitral Tribunal’s Awards subject to scrutiny by the NZIAC Registry before being issued?

Yes

Yes

Yes

Yes

Is there a right of appeal on a question of law?

On an ‘opt in’ basis only. The Parties may agree that any appeal on a question of law may be made to the AMINZ Arbitration Appeals Tribunal.

No

No

No

About Us

The New Zealand International Arbitration Centre (NZIAC) provides an effective forum for the settlement of international trade, commerce, investment, and cross-border disputes in the Trans-Pacific region.